HOME & FAMILY EMPLOYMENT AND HOME CARE IN THE EU - EUROPEAN WHITE PAPER A CIVIL SOCIETY INITIATIVE - EFFE
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HOME & FAMILY EMPLOYMENT AND HOME CARE IN THE EU EUROPEAN WHITE PAPER Contact: Aude Boisseuil, General Delegate +33 (0) 626 082 166 aude.boisseuil@effe-homecare.eu 6
INTRODUCTION 4 PART 1 6 Home employment in Europe: adapted responses to the needs of citizen and to the stakes of the European public policies 7 1 | Work-life balance and participation of women to the labour market 8 2 | Active ageing and caring for persons in situations of dependency 9 3 | Encourage systems to support declared work 10 4 | Social value and professionalisation of home employment 11 5 | Home employment in Europe, a vehicle for the inclusion of migrants PART 2 12 Recognition and visibility of the home employment sector at European level 13 1 | Provide a statistical scope to the home employment sector in order to ensure its development 15 2 | Declare domestic jobs for a public policy in favour of social rights 21 3 | Which status within the European public policies? PART 3 22 A necessary improvement of working conditions for domestic workers at European level 23 1 | Ensure the development of a social dialogue at European level and in the Member States for an efficient social protection of domestic workers 28 2 | Ensure safe working conditions for domestic workers 31 3 | Ensure professionalisation to guarantee quality jobs PART 4 34 Inclusion of the home employment sector in European public policies 35 1 | Family employment and home care: a social innovation model for European regions to be taken into account in the future Cohesion Policy 38 2 | Formal and informal carers: essential inclusion in European public policies 40 3 | Meet the challenges of demographic ageing and work-life balance, integrate migrant populations CONCLUSION 44 PROPOSALS 45 CONTRIBUTORS 50 3
INTRODUCTION SUPPORT AND PROMOTE THE SECTOR OF HOME EMPLOYMENT IN EUROPE: STAKES AND PROPOSALS Home employment refers to a It is therefore a contractual work Through these individual solu- large range of activities which contri- relationship between two private tions, they provide a citizen response bute to the well-being of families individuals, without any trading or to major collective issues: suppor- and persons in their home: child- profit-making objective. ting population’s ageing, supporting care, caring for the elderly and the women participation to the labour disabled, housekeeping, educational T h e E u r o p e a n W h i t e Pa p e r market and birth rates, creating support, DIY, gardening, computer intends to define, specify and pro- declared jobs, developing social assistance, etc. In the sector of home mote the specific characteristics of rights, recognising new skills for employment between private indivi- this employment model, which pro- domestic workers and integrating duals, a household finds an external vides answers to various economic, migrants decently. response to its needs by employing a social and societal stakes in Europe. person at home, with the right skills Home employment is mostly a res- matched with these needs. ponse to private households’ needs. Home employment sector and the relationship between families and domestic workers share several specificities such as: A high number A predominantly female Low skilled A high number of undeclared population, often with workers; of workers with several workers; immigrant background, employers (working in coming either (within several households); or outside from the European Union); A high number A high number Home/workplace The employer being of part-time workers; of multi-skilled/ inviolability; a private individual multi-tasked workers; and not a firm, finding a solution to its needs, without any trading or profit-making purpose. 4
INTRODUCTION The European White Paper makes Italy, between 28% and 40% in the The European White Paper thus proposals and focuses on the stakes Netherlands[1]. Without changing the aims at explaining how the home of the home employment sector structure of the not-intermediated employment sector in Europe can between private individuals, as des- relationship between the beneficiary participate in the production of cribed above, and not to be confused and the employee, constituted by a wealth in the Member States and with other organised sectors, such direct relationship without interme- become a major contributor to as the sector of social welfare ser- diary, the simple switch of these public policies resulting from the vices or home-care service providers activities into the formal economy European Pillar of Social Rights. This already identified. would significantly increase the text, signed by the European insti- number of jobs of the sector, with tutions and Heads of State and the EFFE’s aim is to ensure recogni- EU government on 17th November a social protection for workers who tion of a European sector of home 2017 and driven by the President had been deprived from it so far as employment between private indi- of the European Commission, Jean- though they contribute to national viduals, in which citizens define Claude Juncker, is non-binding. It wealth productions... This transfer their needs and create their own also discloses a range of 20 com- may only be massively deployed solutions, choosing their employees mon principles for genuine European thanks to digital employment plat- freely, and creating jobs that gene- social convergence. forms: with online, simplified and rate social rights without gaining adequate methods, families can profit from them, as long as these Social Europe remains an evol- easily meet, recruit and declare their jobs are declared. This sector offers ving concept. There is no common future employees. virtuous solutions to meet social and social policy within the European economic challenges: depending on In France, the share of unde- Union. The fields of employment and whether state investment in suppor- clared work in the home employment unemployment, the issues related to ting these jobs exceeds or equals working conditions, vocational trai- sector is currently estimated at less the social contributions paid by the ning, professional equality between than 20% by DARES (Directorate household employers, declared work women and men, social protection for Research, Studies and Statistics, becomes less expensive than unde- or social relationships in firms, do Labour Ministry) against 50% in 1996. clared work, for a reduced or neutral not fall under the EU’s responsibility The model of good practices, carried cost for public finances. but rather under national policies. by social partners and public autho- rities for more than 20 years, now The EU can only set minimum rules In Europe, the home employ- allows France to be at the top of the that States are bound to respect (e.g. ment sector statistics are quite poor, most advanced countries in terms in terms of working time). For exa- implying difficulties in measuring of securing the employment rela- mple, the European Commission has its importance and compromising tionship between private individuals chosen to translate certain orienta- its visibility. Several statistics are at home. Thus, by reducing the cost tions of the Pillar into European law incorrect or very incomplete, and the by proposing several texts related to share of informal employment is not of employment through tax-credit working time, employment contracts identified. mechanisms and decreased social and access to social protection or contributions and by simplifying Precisely because a lot of domes- parental leave. The White Paper the procedures to declare a domes- tic worker’s jobs are carried out in takes into account this coordination tic worker, public authorities have the undeclared economy, the home between different levels to develop contributed both to transforming a employment sector has a strong its proposals. large part of the undeclared activity growth potential. A large part of into declared jobs, and to democrati- household services is still perfor- sing access to the sector for all[2], by med by undeclared workers: e.g. giving citizens their share of initiative. this share is estimated at more than 45% in Germany, more than 40% in [1] European Commission, Developing personal and household services in the EU. A focus on house work activities, 2013. [2] O ther examples: in Germany, the implementation of mini-jobs has simplified the declaration of household employees for private individuals and enabled them to benefit from a reduced tax rate. In Austria, a legalisation campaign has managed in two years to reduce undeclared work with the elderly by 80% (the campaign targeted the long-term care of the elderly). 5
PART 1 HOME EMPLOYMENT IN EUROPE: ADAPTED RESPONSES TO THE NEEDS OF CITIZEN AND TO THE STAKES OF THE EUROPEAN PUBLIC POLICIES Home employment is crossing many different social standpoints throughout Europe as it connects population ageing, better work-life balance or integration of migrants to one another. 6 6
HOME EMPLOYMENT IN EUROPE: ADAPTED RESPONSES TO THE NEEDS OF CITIZEN AND TO THE STAKES OF THE EUROPEAN PUBLIC POLICIES 1 | WORK-LIFE BALANCE AND PARTICIPATION OF WOMEN TO THE LABOUR MARKET The access to consistent and In this context, over the last few However, the rate of participa- diversified childcare solutions enables years, many reflections related to tion of women in the labour market parents to pursue their professional the support to caregivers have lead conceals several part-time jobs. Part- activity when they have children. to develop respite solutions. One exa- time work is much more prevalent A domestic and professional child- mple is the outsourcing of some of among women than among men: care offer hence turns out to be an the care and domestic tasks to a third in 2016, in the EU28, 31.4% of 20 to essential contribution to cover young person. Home employment is a promi- 64-year-old women worked part time children’s care needs, be it full-time sing response to the global work-life compared to 8.2% of men. care for infants or only after-school balance needs as it permits to let care for older children. This enables ”chosen domestic workers”[3], declared Home employment is a factor parents, especially mothers, to keep and paid by the families, do a part of enabling the development of the par- their jobs while maintaining birth the domestic and care tasks, which ticipation of women in the labour rates. are still largely allocated to women. market, as it allows to increase and These respite solutions allow to avoid diversify childcare solutions and to In European societies, elderly per- burn out situations for women and reduce the burden of domestic tasks sons are often cared for by women of their partial or total withdrawal from and care activities for children and the family, especially by daughters. the labour market. Statistics give a the elderly. Indeed, Europe cannot Whether they care for their elderly perfect demonstration of these stakes. do without the workforce of women parents in their home (in Spain, for – those who take care of domestic example, this practice is still wide- spread), or take care of their elderly/ ill/dependent parents in their own The employment rate of women between 20 and 64 years old in Europe increased from 51.2% in 1997 activities at home, and those who employ them – and their participation in creating wealth for EU countries, 1 homes, carers of the elderly are most to 66.5% in 2017[4] and should continue which must face an increasing demo- often women. In some cases more to progress over the next few years. graphic challenge. In certain countries, than others, depending on the coun- However, several gaps still remain fertility rates are too low to ensure tries, they also sometimes perform a between the Member States. Regar- the renewal of generations and to professional activity and also carry ding the participation of women in the enable a sufficient contributors’ ratio along motherly duties. All women labour market, France is among the to finance the pensions of an increa- dealing with this situation, endorsing European average (72.2%), but seve- singly ageing population, whose life together all these different social roles, ral countries have rates of over 75% expectancy has been significantly and assuming the different tasks e.g. Sweden (79.8%), Iceland (85.5%), extended. associated to them, could testify that Norway (76.2%), Switzerland (77.4%) this kind of experience may lead to or Germany (75.2%). On the contrary, risks of great fatigue or even burnout Italy, Greece and to a lesser extent, and ceasing their professional activity. Spain, appear to be further behind with female participation rates of 52.5%, 48% and 59.6% respectively. [3] The use of the term “domestic workers” should be the subject of a semantic evolution, as it covers many more activities than simple housework. [4] Eurostat data, European survey on workforces 7
PART 1 2 | ACTIVE AGEING AND CARING FOR PERSONS IN SITUATIONS OF DEPENDENCY On 1st January 2017, people aged in France, the proportion of per- 65 years old and over represented sons aged over 85 years living with 19.4%[5] of the European population, their relatives has been divided by with significant differences depen- almost three, going from 31% to 11%, ding on the countries (22% in Italy between 1982 and 2011[6]. In Europe, and in Greece, 21% in Germany, and 14.1% of households are made up of 13% in Ireland). Eurostat population one person aged over 65 years living projections show that the proportion alone in 2016 [7] . Their proportion of elderly persons will significantly amounts to 18.7% in Lithuania and increase: in 2035, they will represent is higher than 15% in the other Baltic almost one-quarter of the population States, in Bulgaria, Denmark and Fin- European societies must stop in Belgium (24%), Portugal (25%), land. On the contrary, it is very low in relying entirely on women to take Sweden (24%), and even more in Cyprus (7% of all households) and in care of the elderly. Families need to Italy (29%) and in Germany (30%). Spain, countries in which the elderly outsource at least part of this care Furthermore, the relative proportion are more often cared for within their by entrusting it to persons who are of very elderly persons in the whole families. not part of the household. It is essen- population is progressing more qui- Assistance and care for the tial to professionalise this sector so ckly than any other segment of elderly at home is one of the stakes that domestic workers can provide a the European Union’s population. that all European Union countries quality support and the appropriate It is thus expected that the share are bound to face for the years to care, and prevent or slow down the of elderly persons over 80 years come. This is due both to the indi- loss of autonomy when it is possible. old in the EU28 will double or more vidual choice of the persons in This relies as much as possible on between 2015 and 2080, rising from question (for example, in France, it progresses in home automation to 5.4% to 12.7%. is estimated that more than 80% of relieve workers of hard and repetitive The European population is persons would rather stay in their domestic tasks, and on developing ageing and the elderly live more and home until the end of their life [8]), training and skills focused on unders- more frequently alone, as living with and to the fact that it is financially tanding the specific requirements relatives tends to be less frequent, unsustainable to institutionalise the of the elderly and on interperso- due to the death of the spouse, the care of very old people, whose num- nal human relationships, which are trend for less cohabitation between ber continues to grow. It is therefore sometimes cruelly lacking for the generations and the increasing geo- necessary to develop new methods most isolated persons, and that even graphical distance between children of assistance to grant decent ageing the most sophisticated robots are not and their parents. For example, to European elder populations. “yet” able to provide. [5] Eurostat, Structure and ageing of the population, May 2018. [6] L. Trabut, J. Gaymu, “Living alone or with relatives after 85 in France: huge differences depending on the departments”, Population & Sociétés, no.539, Ined, December 2016. [7] “People in the EU: who are we and how do we live?”, Eurostat. [8] Source: Report “Bien vieillir à domicile: accompagner les seniors”, Institut Montaigne, Paris, June 2015, on institutmontaigne.org 8
HOME EMPLOYMENT IN EUROPE: ADAPTED RESPONSES TO THE NEEDS OF CITIZEN AND TO THE STAKES OF THE EUROPEAN PUBLIC POLICIES The majority of this support is countries. Several domestic wor- To face the challenge of the provided by the employees of the kers directly employed by families ageing in Europe, it is absolutely European sector of home employ- already deal with this assistance, necessary to bring in public policies ment, at least in the countries in with or without public support, in a to ensure the development of these which assistance for dependant legal context generating social rights new employment models and these persons is not exclusively provided for the employees, or in an incom- new jobs, and to professionalise by public service providers or in a plete and barely emerging legal them. situation of public service delega- context that doesn’t allow to avoid tion, like in some of Northern Europe situations of domestic exploitation. 3 | ENCOURAGE SYSTEMS TO SUPPORT DECLARED WORK When families paying for assis- The future of Europe is also lin- In order to ensure that the decla- tance from domestic workers ked to skills and knowledge of the ration of the activities performed in declare the jobs created, the wor- European citizens. They constitute the home employment sector beco- kers concerned become fully-entitled a professional identity, which may 1 mes a reality in all Member States employees in their country, which be used, reinforced and completed, where such activities are still too is supposed to guarantee that they through personalised career paths, in often performed in the informal eco- access to decent working conditions. order to meet with the ever-changing nomy, national public policies have Moreover, declaring domestic jobs requirements and skills needs. to set up the regulatory context, as should enable the payment by fami- a priority, along with systems for lies of social contributions. Therefore, Declaring domestic workers’ simplifying and encouraging such the Member States can implement jobs is therefore essential because it declaration. This could free domestic social welfare for the employees: generates fundamental social rights CESU workers’ jobs from informal work. such as health insurance, pension and the possibility to invest specific and unemployment benefits. funds in the development and adap- In other words, these public tation of the essential skills required policies have to be adapted to These social contributions may to ensure quality, especially to meet employment between citizens, and also support professionalization, the challenges of educating very take into account that families are which may seem less fundamental at young children and caring for the not firms, and therefore are not the first sight, but is absolutely essential elderly at home. usual type of employers. Such poli- for workers’ professional develop- cies will generate additional wealth, ment and adaptation of their skills to safe and protective jobs, solutions to families’ requirements. the work-life balance and women’s participation in the labour market issues, and conditions for a balanced care of the elderly at home. “ Only incentive, job declaration supportive, home employment adapted policies (...) will truly display efficiency. ” 9
PART 1 4 | SOCIAL VALUE AND PROFESSIONALISATION OF HOME EMPLOYMENT It is essential that these millions Domestic workers’ jobs are deman- Developing domestic workers’ of jobs are declared and made safe, ding, and subject to high professional skills is therefore the most definite but also that domestic workers are risks: toxicity of cleaning products, way to ensure the development of professionalised. The economic and musculoskeletal disorders due to real jobs with high human added social value of these jobs currently the daily carrying of children or value, and the best way to make seems obvious, but workers’ pro- moving dependent elderly persons, societies and families aware that fessional skills have to be developed household chores, along with the these jobs deserve wages, social to ensure quality services for the emotional commitment which is welfare and professional recognition. households needing them. Families necessary in many relationships of wish to entrust their home, or their care and assistance. In order to meet Declaring domestic workers children or elderly relatives, to trust with the expectations of families generates social contributions that worthy persons, and the starting and individuals, and also to learn to automatically finance their pro- point of this trust lies in the gua- protect oneself and prevent occupa- fessionalization, essential to the ranteed skills of the workers. tional illness or accidents, domestic recognition of their jobs and to get workers have to develop professional out the underground economy. It is Early childhood care is beco- specific skills. this virtuous circle that Member States ming an issue of social investment must endeavour to encourage. and initial education of children. In Professionalization is the first step this context, developing domestic towards recognizing the domestic workers’ skills is a prerequisite for workers sector. It guarantees higher well-being and security. For the care quality of service and/or more safety of elderly, specific, technical and in the results of the service provided relational skills are required for pre- and it is essential for specialisation venting as much as possible, slowing and qualification, which are factors down, and then accompanying a of progress. loss of autonomy at home: making a home safe, respecting the habits and privacy of the person while caring for him/her, stimulating and “ Professionalization is the necessary corollary assisting the elderly persons without to the recognition of domestic workers. doing the task for them, observing It guarantees higher quality of service and/or and constantly adapting the support more safety in the results of the service provided. to match the evolution in abilities, etc. It is essential for specialisation and qualification, which are factors of sector-based progress. ” 10
HOME EMPLOYMENT IN EUROPE: ADAPTED RESPONSES TO THE NEEDS OF CITIZEN AND TO THE STAKES OF THE EUROPEAN PUBLIC POLICIES 5 | HOME EMPLOYMENT IN EUROPE, A VEHICLE FOR THE INCLUSION OF MIGRANTS Structuring the home employ- The European Union should the- Many migrants need to work ment sector in Europe must lead to refore continue to see the arrival of in order to be able to get out of meet massively with the living requi- populations in situations of insecu- insecure situations. The jobs asso- rements of European households, at rity in their own country and forced ciated with home employment and the various stages of their life cycle, to flee. household services rely on rela- and with the employment and pro- tionship and technical skills and are tection needs of the sector’s workers. Although, in this context, the accessible to persons with few or no This necessary organisation is useful White Paper does not aim at dea- qualifications, or to persons whose for the inclusion of migrants within ling with the appropriateness and qualifications acquired in their home hosting Member States. legitimacy of the solutions to be countries are still not recognised in implemented by Member States the host country. The European sec- Migration has been a decisive for welcoming these migrants, tor of home employment may be a characteristic of European history. it contributes to considering the vehicle for the inclusive integration It is the result of inequalities and ways of including and integrating of migrants in the Member States geopolitical, socioeconomic, demo- these migrants, both with dignity where permitted by the legislative graphic and environmental changes. and effectively. The workforce context. It is now acknowledged that the geo- requirements for meeting with political situation in various parts of the challenges of accompanying It may however only perform the world and the current and future an increasingly-ageing European this role if the European public poli- climate changes should have an impact in terms of migratory move- ments. population, along with the need for support at home for women wishing to join the labour market, are not cur- cies are made, first of all, to organise this sector by giving it the necessary means, through its professionaliza- 1 rently sufficiently covered, whereas tion and especially its regularisation, they will continue to grow. to avoid emphasizing the insecurity of the migrant workers who might join the sector. 11
PART 2 RECOGNITION AND VISIBILITY OF THE HOME EMPLOYMENT SECTOR AT EUROPEAN LEVEL Highlighting the sector’s economic weight, social stakes and employment perspectives can only be achieved through a better statistical recognition of home employment. 12
RECOGNITION AND VISIBILITY OF THE HOME EMPLOYMENT SECTOR AT EUROPEAN LEVEL 1 | P ROVIDE A STATISTICAL SCOPE TO THE HOME EMPLOYMENT SECTOR IN ORDER TO ENSURE ITS DEVELOPMENT It is essential to include the home But these two classifications do Home employment is therefore employment sector in the national not intersect. It is therefore difficult to calculated in a way which, for cer- statistics, to assess its economic grasp the home employment sector tain countries, may be considerably proportion at European level and to in its diversity and as a whole. underestimated. The case of France specify its components, in order for is emblematic, in this respect: the the public policies of Member States These classifications only allow figure available in the European sta- to be able to rely on this sector to to understand it partially: the specific tistics drawn up by using the NACE provide solutions to the day-to-day NACE 97 category which permits to 97 category only lists 300,000 requirements of European citizens assess the “activity of household household employers (pensioners and to the issues structuring the employers of domestic workers” is therefore), whereas out of the 3.4 debate on social aspects in Europe often used to consider home employ- million household employers listed (ageing, migration, social rights, ment, but the activities of elderly or via the French public statistics, it work-life balance, etc.). How many childcare, are not included in this is considered that at least 2 mil- people work in this sector and what category. For example, in France, lion employ a person performing a are their profiles? Who benefits from where administrative statistics are declared professional activity. their work how many beneficiaries available via the home employ- are there? What types of activities ment declarations, for all of the 3.4 In the European statistics, the are performed? To what extent does million households declaring the sector of Personal and Household their mobilisation lead to meet with employment of a domestic worker, Services (PHS) represented around 2 future societal stakes? What are approximately 1.2 million employ 8 million declared jobs in Europe in the positive external aspects of this one person to look after their young 2016, i.e. 4% of total employment. As sector of activity, in each Member children, and around the same to a comparison, the hospital sector State and at European level? care for the 60 and more, i.e. two- represented 4.7% of total employ- thirds of the total employees. ment and the building sector, 6.8%. Currently, the existing nomencla- This figure covers direct employ- tures used for producing European In addition, this NACE cate- ment, corresponding to 2.2 million statistics only refer to a partial aspect gory only considers the persons jobs, and which has been seen to be of the definition of home employ- employing a worker at home and poorly assessed and rather underes- ment. The NACE (classification of who do not have any other econo- timated, and employment through economic activities) permits to iden- mic activity, in other words, mainly service providers (associations, tify the activities performed in the pensioners. public services, firms, etc.), identified home, depending on whether they in the NACE 88 category. are paid for directly by the families or by external service providers. In parallel, the International Standard Classification of Occupations (ISCO) implemented by the ILO permits to classify employees according to the type of occupation performed and therefore to distinguish domestic helpers and cleaners from care wor- kers. 8 million declared jobs in Europe in 2016, i.e. 4% of total employment 13
PART 2 In this last category, there are 5.3 The low capacity of available The first step for the recognition million declared jobs, but again the European statistics to provide quality of the home employment sector activities considered only partially data for considering the economic in Europe is the demonstration, in fall within the scope to be defined, weight of the PHS sector and the connection to the European insti- as childcare without accommo - proportion of the home employment tutions and decision-makers, of its dation for example is included in sector is related to the diversity of economic weight. But also its social it, along with a certain number of models which are more or less and societal stakes, its prospects in services that may be performed out- develo ped and regulated in the terms of employment in particular side of the home. On the contrary, European countries. For example, for less-integrated workers, and its the activities of domestic housekee- in Denmark, Finland, Sweden and role for reinforcing a social Europe, pers are not included in it. In its “PHS Belgium, household services are along with its contribution to local Industry Monitor” [9] report, the EFSI mainly provided by external service development and the creation of makes a direct link between the providers or independent workers local solidarity in the territories. lack of consideration of the sector (self-employment model). The lar- and its poor statistical identification, gest number of jobs supposed to For the sector, the objective is also whether on a European level or on a fall within the direct home employ- to assess and qualify the problems national level in the various Member ment sector is found in Italy, Spain it faces such as removing jobs from States. and France and to a lesser extent in the informal economy, professiona- Germany and Portugal. lization of employees and economic viability of households. All of them requires having precise and suffi- ciently coordinated data which is not presently the case. OUR PROPOSALS Include the concept of “domestic worker” in the sta- Create a European observatory of home employment tistical classifications and reorient these on the basis sector of households to gather reliable data, specific of the workers’ jobs and not only on the basis of the to the sector, that would complete data established economic activity as is currently the case. One of the by agencies such as Eurostat and Eurofound, share reasons for the lack of consideration of the sector is and provide detailed information on the sector of a clear statistical difference whether on a European home employment and on related mechanisms. The level or a national level of different Member States. aim would also be to assess the impact of the public policies drawn up by the Member States to ensure Create an ad hoc working group in partnership with economic viability of the demand for household the national statistics organisations and Eurostat to services, simplify the formalities for declaring an revise and correct current errors. employee and professionalise household jobs. CESU [9] EFSI report " PHS industry monitor: statistical overview of the personal and household services sector in the European Union”, April 2018, http://www.efsi-europe.eu/fileadmin/MEDIA/publications/2018/PHS_Industry_monitor_April_2018.pdf 14
RECOGNITION AND VISIBILITY OF THE HOME EMPLOYMENT SECTOR AT EUROPEAN LEVEL 2 | DECLARE DOMESTIC JOBS FOR A PUBLIC POLICY IN FAVOUR OF SOCIAL RIGHTS The declaration of household Families fail to declare home It leads to demonstrate the effi- employment is an objective in itself, employment for two main reasons: ciency of a public policy with the between the social and econo- the absence of a quick and simple incentive to declare employment: the mic stakes of the sector. From the system to declare the worker, and cost of one hour of declared work domestic workers perspective, the the high cost of declared work, com- is made up of the net wage paid declaration must enable access to pared to the average budget of the to the employee, and of the social all social rights: the benefit of social families. For example, in France, the contributions. A universal social-tax protection in return for their contri- total amount of social contributions mechanism enables the employer bution to producing wealth for the is barely less than the net wage family, for each hour of declared country. From the Member States’ paid to the employee. First, domestic work, to benefit from a set deduc- perspective, the declaration, through workers who are often in an inse- tion of employer contributions, or the social contributions paid by the cure situation seek to increase their to be able to deduct half of the total families creating these jobs, is a immediate resources; Secondly, the amount incurred from the latter’s source of income that contributes to household are limited by their family taxes. abound a shared social protection budget in terms of home employ- system. This is indeed the purpose of ment expenditure. In parallel, other systems may the declaration in this sector of acti- be set u p for the partial or total vity: the high level of pooling of the When public policies with incen- exemption of employer contribu- contributions collected enables the tives are set up, they encourage the tions, depending on the employer’s 2 financing of ambitious and univer- transfer of the workers and jobs to profile, his/her age, level of depen- sal social protection policies for the the formal economy, while barely dency or disability, status as parent population (pension, unemployment, disrupting the family methods and of a young child, etc. This universal training, prevention, etc.). organisations. Many families have system makes the cost of declared the possibility of regularising the work lower than that of undeclared In order to increase this income employment situation of persons in work. The systems targeting vulne- in Member States where the home whom they trust and to whom, very rable persons or those whose needs employment model has a potential often, they are attached, after seve- are recognised by society, reduce for development, governments must ral years of working together and, this cost further, thus increasing their find solutions to encourage families sometimes in certain countries, of employment capacities. to declare the activity of the domes- living together. tic workers that they pay off the The cost for the State should be books. In countries in which informal In these conditions, what systems assessed against all of the positive methods of home employment are permits to encourage the households external aspects implied: home care, substantial, the potential for deve- to declare home employment? France even partially subsidised, costs less lopment of legal home employment is an example of good practices for the State than a place in a collec- sector is considerable. deserving to be analysed, even though tive care structure; an elderly person it cannot be reproduced as such. who may be assisted regularly in his/her home, sees a decrease in his/her loss of autonomy and may therefore grow older for longer in his/her home; parents, in particular mothers, who delegate a part of their household tasks and may have their children minded, are able to contri- bute fully to the labour market, etc. 15
PART 2 Alongside these social-tax sys- Simple and quick declaration for- But it is also an observation tool tems for reducing the cost of malities constitute important factors that allows to have a better idea declared employment, a digital tool for encouraging the declaration of of the working conditions of the to easily declare the working hours employment, especially if they com- employees, to simulate the impact was set up around twenty years ago: plete a system of financial support of the mechanisms on the States’ the CESU (employment and services for the creation of home employ- public finances, to analyse over time vouchers). The concept consists in ment, and this is their primary aim. the efficiency of the policies car- the family employer paying a net This online declaration platform of ried out and to identify the limits of wage to his/her employee. By decla- employment is particularly efficient public support below which families ring this monthly wage online (in just as it enables the immediate transfor- will stop declaring their household a few clicks) on the CESU website, mation of these monthly declaration employees. It thus provides an awai- it generates the automatic calcula- deeds into comprehensive statistical ted understanding of the activity of tion of the social contributions after databases on the activity of the sec- the home employment sector, which the universal set or targeted deduc- tor. It also allows to provide data in permits to consider its positive exter- tion, and the direct debit from the real time that may be broken down nal factors, and to provide public bank account of the social contribu- per period, employee, employer and, policies with the means to improve tions owed by the family. The CESU per employer category, considering their own efficiency. The mecha- National Agency is in charge of redis- the specific exemptions from which nisms of digital jobs declaration are tributing the social contributions to certain families benefit depending on therefore even more efficient as the various social welfare organi- their profile. they lead not only to generate new sations (pension, unemployment, virtuous declaration practices on an illness, old age, training, etc). An addi- The digital declaration platform economic and social level, but also to tional stage has now been passed, is therefore a tool that encourages provide to public policies the means as from 2020, the online declaration declared work. for their continued improvement. will also trigger the debit of the net wage from the employer’s account and its payment to the employee’s account. “ The digital job declaration platform is an incentive tool for work declaration but also an observational tool allowing better understanding of general work conditions of the employees and to simulate the impact of declaring mechanisms over States’public finances ” OUR PROPOSALS The implementation of adapted public mechanisms The simplification and rapidity of the declaration for- enabling to encourage households to declare home malities through the implementation of simplified employment. digital platforms for encouraging the declaration, enabling an understanding of the sector and the statistical assessment of the public policies which accompany the sector within the Member States and on a European level. 16
RECOGNITION AND VISIBILITY OF THE HOME EMPLOYMENT SECTOR AT EUROPEAN LEVEL FOCUS: BELGIUM AND ITS SERVICE VOUCHERS / DIENSTENCHEQUES Created in July 2001 and amended in December The registered firm also benefits from a state grant. 2003, the Service Vouchers system continues to be For example, in 2013, for each voucher of a value of implemented to this day. Private individuals may pur- €8.50, the registered firm received €22.04, i.e. 160% chase one hour or more of time from a household more than the wage paid to the worker with service vou- worker by using a paper or electronic voucher. This chers. system is limited to housework, cleaning and ironing, sewing, preparing meals and transporting persons with The household workers employed by registered firms limited mobility. The services may only be provided by in relation to this scheme have a written “service vou- household workers employed by registered firms. The chers” employment contract with the registered firm – a users purchase the “voucher” from the issuing agency. fixed-term contract for the first three months of employ- ment and an unlimited-term contract from the start of the For the work performed, the user dates and signs the fourth month with the same firm. They receive the basic voucher(s) corresponding to the number of hours worked wages according to the scales in force and full social and provides the voucher(s) to the operator having per- insurance covering accidents. The Belgian social dialogue formed the work. mechanism guarantees that the agreements on working conditions and wages are negotiated every two years. The worker provides the vouchers to the registered firm which sends them to the issuing organisation in charge of refunding the value of the voucher. Workers falling under this scheme also have access to vocational training. In order to promote the quality of the services provided to private individuals, Belgium has set 2 As from 2015, a voucher costs 9 Euros per hour for the up social funds enabling registered firms to refund the users for a maximum of 400 vouchers and 10 Euros per costs of vocational training provided to their employees. hour for the following 100 vouchers. The persons using In 2011, 38% of the workers with service vouchers bene- this system benefit from a tax deduction of between fited from vocational training (EFSI, 2013). 10 and 30% depending on their region of residence. When the tax deduction is applied, the hourly cost of An analysis on the cost / profit of this mechanism for the household services is reduced to €6.30 without any the public authorities was carried out in July 2018[10]. administrative invoice or costs. In 2013, the price of the voucher would be very “close” to the price of undeclared work. As indicated above, the users may only purchase 500 vouchers per year maximum, whereas special groups, such as single-parent families and disabled per- sons, are authorised to purchase up to 2 000 vouchers per year at the same unit price. There are some other administrative procedures but these are relatively simple and the registered firms selling the services assist the individual users through the system. [10] Report, "Une vision à 360° sur les titres-services", IDEA Consult for Federgon, Belgium, July 2018, on federgon.be 17
PART 2 FOCUS: GERMANY AND ITS “MINI-JOBS” SYSTEM The German “Mini-Jobs”, voted in 2003 under In March 2009, 4.9 million Germans held a Mini-Job Gerhard Schröder’s Socialist government as part of as their only professional activity or as a complementary the so-called Hartz laws, were thought up in order to activity. In March 2012, 2.3 million more Germans (7.29 encourage a return to work for populations who were million in whole) held a Mini-Job, including more than far removed from the job market, such as the long-term 65% who performed no other activity in parallel with this unemployed, students or housewives. The aim was Mini-Job. Mini-Jobs are extremely present in the home to increase flexibility of the labour market, reduce the employment sector. non-working population and fight against unlawful or undeclared work. Although this new method of employment with “moderate wage” has enabled a decrease in undeclared A Mini-Job may not be paid more than 450 Euros work and a decrease in unemployment, the main criti- (net) per month to the worker. Initially, it could not exceed cism made of it is that it creates jobs that lead to an a period of three months, but this criterion has since increase in poverty and increased insecurity of the wor- been withdrawn. The added value of the contract is its kers. The social benefits remain much lower than for “win-win” nature: the worker, exempt from employee standard jobs and lead to maintaining a sort of base of contributions, benefits from a guaranteed minimum unqualified and marginalised workers, somewhat pro- wage and a minimum base of social benefits through the moting work of low quality and legitimising insecure and declaration of his/her activity. The employer, responsible under-acknowledged jobs. for all contributions, receives benefits such as the exemp- tion of certain costs, such as VAT, or the decrease of certain other contributions. 18
RECOGNITION AND VISIBILITY OF THE HOME EMPLOYMENT SECTOR AT EUROPEAN LEVEL FOCUS: THE FRENCH CESU, HOW TO DEVELOP NEW SERVICES TO MEET WITH EVOLUTIONS IN SOCIETY? The CESU is an offer to simplify the formalities pro- Since its first online service in 2003, the use of the posed by the Urssaf[11]. It enables a private employer to CESU website has developed and now has more than declare the wage of a home worker, easily, for services 20 million visits per year. The CESU must now meet with to individuals. The CESU covers all private individuals new ambitions. at various stages of their life, to improve day-to-day life, to take on a few hours of cleaning or to accom- The CESU, committed to the development of inno- pany an elderly or disabled person. For the employee, vative services, works with start-up firms in the sector it guarantees rights to health insurance, unemployment of home employment, offering services to put private 2 benefits, pension, etc. employers in contact with home workers. The aim is to enable the users booking and paying their employees The CESU is much more than a tool for collecting online to declare the services automatically at the same social contributions: it meets with the day-to-day needs of time and thus to experience a simple and efficient proce- millions of French people and supports the development dure. of employment in the sector of services to individuals. By accompanying the needs of elderly or disabled persons for care at home, by contributing to a better work-life balance and by guaranteeing social coverage for household workers, it conveys the values of solidarity and emancipation of the Social Security scheme. [11] About Urssaf: Accompanying employers and business owners as part of a simple and personalised service relationship for ensuring the collection of the contributions with efficiency and equity, as efficient social contributions collector: these are the major stakes of the Urssaf offices. Its assignment within the Social Security system: finance the French social model, with almost 500 billion Euros collected from 9.4 mil- lion contributors. Its social assignment: guarantee social welfare for the workers (health insurance, pension, family benefits) related to performing a job in a legal context. Its economic assignment: facilitate the formalities for employers and guarantee the respect of social rules that are essential for fair competition 19
PART 2 FOCUS: THE FRENCH CESU, IN FIGURES (2017 TOTALS) 19 million More than 1 921 935 declarations employer (of which 73.4% declared online) users An average of 2,078 billion 600 615 employees Euros of contributions declared monthly collected CESU 20
RECOGNITION AND VISIBILITY OF THE HOME EMPLOYMENT SECTOR AT EUROPEAN LEVEL 3 | WHICH STATUS WITHIN THE EUROPEAN PUBLIC POLICIES? The development of this new T h e r e i s n o u n i q u e p a t h . In activity sector requires a good iden- France, the social dialogue came tification of its economic members: about before the recognition of the the employers are families and not status of private employer in the law. firms, the workers often have few This social dialogue has existed for qualifications and may be in more almost 20 years, whereas the status or less unstable situations. Moreover, of households employing workers in the employment relationship does their home has only been recognised not pursue any profit-making pur- in the French Employment Code pose, and the work is performed in a since 2016, at the same time as their private home which is, by definition, economic role. The absence of reco- inviolable. Rights adapted to these gnition of the status of the household specific characteristics must there- employers and the employees that fore be stipulated. they employ, and the uniqueness CESU of the employment relationship The economic sector represents In France, the social dialogue between them, has led to complica- millions of jobs with social value at exists and has enabled the develop- ting the translation of the progress European level. The societal stakes ment of the sector and its members negotiated, in the texts and in the involved in it are decisive for the and the signature of many agree- facts. An exceptional employment 2 future and its development potential ments creating new rights. In Spain, law for the sector of home employ- is very high. How can it be orga- on the contrary, the members ment has been drawn up alongside nised and recognised? One of the struggle to come out from the under- common law, stage by stage, so responses lies in the development ground economy and the former that the workers social rights are not of a social dialogue adapted to the methods of domesticity, in particular reduced compared to the other. This uniqueness and components of the due to the fact that the trade unions also ensures that the families benefit sector, at national or European level. defending the rights of domestic from less restrictive rules than firms, workers do not have any represen- while respecting the private nature of tative from the families employing their home. them with whom they may discuss, negotiate and build up a framework for this special economic sector. OUR PROPOSAL If a European public policy endeavours to organise the home employment sector, the recognition of the status of the household employers and of the domes- tic worker at European level will be a prerequisite. It may also contribute to driving this trend in Member States, by encouraging them to recognise the speci- fic nature of the economic members in question in their respective legislations, and to ensuring the reco- gnition and emergence of the activity sector in itself, prior to its assistance and its development. 21
PART 3 A NECESSARY IMPROVEMENT OF WORKING CONDITIONS FOR DOMESTIC WORKERS AT EUROPEAN LEVEL Ensure the development of an organised social dialogue, secure working conditions and professionalization is a key to enhance social rights for domestic workers in Europe. 22
A NECESSARY IMPROVEMENT OF WORKING CONDITIONS FOR DOMESTIC WORKERS AT EUROPEAN LEVEL One of the major concerns of the social rights than workers in other In addition, the transfer of many European Pillar of Social Rights is the activity sectors. For example, in undeclared jobs to the formal eco- access for all workers, regardless of Spain, domestic workers employed nomy and the integration of current their activity sector, to decent condi- and declared by the families may and future migrant populations are tions of work and employment. The be dismissed, quite legally, wit- a way to develop the sector. Employ- home employment sector is particu- ment opportunity and enhancing hout notice and without receiving larly affected by these stakes. social rights for workers is crucial. unemployment benefits. The social In some Member States, domestic organisation re presenting them workers, including those performing (CCOO Construccion y servicios) is their work in a legal framework, currently campaigning to bring their still benefit from less protective social rights in line with common law. 1|E NSURE THE DEVELOPMENT OF A SOCIAL DIALOGUE AT EUROPEAN LEVEL AND IN THE MEMBER STATES FOR AN EFFICIENT SOCIAL PROTECTION OF DOMESTIC WORKERS Structure trade unions of workers sphere and is therefore placed out of the scope of legislation of the sector often find it difficult to orga- nise themselves as social partners at 3 and employers States[12]), and respecting the specific national level and to undertake col- stakes of this sector in terms of secu- lective actions. rity and risk prevention at work. A In order to reinforce the quality Few European countries have social dialogue will help raise awar- of the working and employment trade unions and employer organi- eness for employers and workers on conditions of workers of the sec- sations for negotiating, discussing the specific rights and obligations tor, the first identified lever is the and implementing a legal framework linked to the contractual working implementation of conditions that adapted to the home employment relationship. encourage the development of a sector. In Spain, there are no repre- social dialogue between represen- The development of a negotiated sentatives of household employers. tatives of workers and of household framework in relation to collec- T h e r e p r e s e n t a t i o n o f wo r ke r s employers. Exchanges and negotia- tive agreements or arrangements hired directly by the households is tions between the parties involved is a priority for ensuring the secu- encompassed in the general repre- must enable the creation of the legal rity of the employment relationship sentation of household workers, context for performing these jobs between the two parties. whether they are employed by a and adapted organisation methods family or by a service provider orga- of the sector in each Member State. The development of strong repre- nisation, with some shared stakes The main components are respec- sentative organisations, both for but with very different solutions to ting the specific characteristics of the the workers and for the employers, be implemented. The dialogue can- employers (families employing a per- is also an essential condition of the not therefore be implemented, due to son without pursuing a profit-making social dialogue. However, the pri- lack of negotiators. . objective), respecting the workplace vate household employers and the (a home which falls within a private workers of the home employment [12] For example, in France, the private home is inviolable in accordance with the French Penal Code. Consequently, a labour inspector may not enter it. 23
PART 3 In Italy, the Federazione ita- Their role with the public autho- The social dialogue must also liana dei datori di lavoro domestico rities is essential, and must enable take shape at European level, in (FIDALDO[13]) contribute to the social the implementation of policies sup- order to ensure the recognition of dialogue at national level for the porting declared jobs in the sector, the sector and to define its specific household employers. In France, the leading to the funding of social pro- characteristics and its stakes. The sector-based social dialogue is very tection. Finally, household employers recognition at European level of organised and has enabled consi- are assisted in understanding and the status of household employer derable progress for the working gaining awareness of the responsi- and of workers directly employed conditions of the sector’s employees. bilities involved in the status of by a household may constitute a household employer, in particular relevant and efficient base for the The organisation of a sec- in terms of risk prevention at work. development of the future European tor-based social dialogue would By making their homes safe and by social dialogue. It may also facilitate enable the European social partners encouraging the professionalization its emergence within the Member to observe good practices at national of their employees, the household States. Europe must give the neces- level and to contribute to spreading employers become real econo- sary drive to enable the civil society these good practices at European mic actors of a sector which builds to get organised and to create a level. This would be an encouraging up its quality at the same time as virtuous ecosystem offering social factor for countries in which there is it implements the conditions of its rights to domestic workers paid by not yet any conventional base[14]. The attractiveness. This means that, in the the families. This will also ensure the conditions of a committed sector- future, the workers that they employ decline of undeclared work that is based social dialogue must be pre- will be able to meet with their expec- predominant in Europe in this sector. pared to enable access to social tations in a secure context. rights, the professionalization of the EFFE must become the European employees and a sector-based Euro- It is the role of the European insti- organisation of the sector on which pean observatory. tutions to encourage Member States the European institutions may rely to organise an adapted sector-based on for the creation of a first dialogue In the few countries in which the social dialogue. process and the proposal of shared social dialogue is organised, most of orientations. Indeed, EFFE currently the employees and the household constitutes a centre of representa- employers are however unaware tives of household employers from that they are represented and are many Member States, committed, in unaware of a part of their rights and varying stages, to the organisation of obligations. The social partners must the home employment sector in their endeavour to develop their visibility respective countries, and also asso- and put their communication to the ciates workers representations. service of real development of the sector’s social protection, by infor- ming workers of their rights and helping them to assert them. “ Recognizing at EU level both legal statuses of household employer and domestic worker shall efficiently and adequately push the emergence of a social dialogue forward ” [13] FIDALDO brings together the following structures: Assindatcolf, Nuova Collaborazione, ADLC, ADLD, and DONIMA [14] Cf. White Paper of November 2013 ordered by FGTAFO entitled “Employees of private employers: implementation of social dialogue tools on a European level" 24
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